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What Constitutes Criminal Mischief?

A 19-year old man was recently arrested and charged with criminal mischief and disorderly conduct in Sussex County when he allegedly emulated an Internet supermarket prank, the “Gallon Smash,” at a local Shop-Rite grocery store. The alleged prank involved the young man smashing two gallons of milk on the ground and then falling as if it were an accident. Shop-Rite employees did not originally suspect the incident was intentional; however, the young man’s friends allegedly filmed the incident and the video was later found posted on Facebook.

Police nationwide are aware of this “Gallon Smash” trend and are prepared to enforce the law, regardless of whether the primary intention is to cause harm or damage.

Criminal mischief is defined under N.J.S.A. 2C:17-3 as when an individual purposely or knowingly damages tangible property of another or purposefully or recklessly tampers with another person’s tangible property to endanger the person or property. Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000 or more, or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss of more than $500. It is a disorderly person offense if the actor causes pecuniary loss of $500 or less.

At the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, we have more than 25 years of criminal defense experience and can handle the defense of any matter in the municipal courts. We firmly believe in the axiom that you are innocent until proven guilty, and we will aggressively protect your rights throughout the criminal process. Because of our considerable experience, we know that innocent people are wrongfully prosecuted, that many criminal defendants are charged with far more offenses than they have committed and that everyone, guilty or not, deserves to be treated fairly under the law.

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